Posted by Gurjit Srai In Divorce July 3, 2023 0 Comment

Getting a divorce can be a hard decision to make and even more difficult process to endure, especially if there are children involved and various assets to consider. It is in your best interest to have an experienced Fresno divorce attorney on your side to help you make legal decisions and ensure your rights are protected.

Although it is best to hire an attorney as soon as you make the decision to file for divorce, below are questions to some frequently asked questions.

Is California a 50-50 divorce state?

California’s default laws for the divorce process are community property rules and a 50-50 split. This means that all assets part of a marriage is considered to belong to both spouses equally and ultimately split equally at divorce. However, parties are not bound by these rules. The spouses in a divorce proceeding can sign a prenuptial agreement before the marriage that restricts which property and income do or will belong to each spouse.

What is the 10 year divorce rule in California?

If you are married less than 10 years and plan to divorce in the State of California, spousal support will last half the length of the marriage. For marriages over 10 years, there is no assumption about what is considered reasonable.

Is spousal support mandatory in California?

California law does not make alimony mandatory. However, if one spouse earns significantly more than the other, the court may order them to pay alimony to the lower-earning spouse.

What is an annulment of a marriage?

An annulment of a marriage happens when a court determines that the marriage or domestic partnership is not legally valid or binding. Annulments are generally granted in the following situations:

  • Force, fraud or incapacity
  • Situations where one of the spouses/partners was not of legal age to get married
  • One of the spouses/partners was already married
  • The marriage or partnership is incestuous or bigamous

Can you file for dissolution of a domestic partnership in California?

The requirements for filing for a summary dissolution of a domestic partnership are strict. You can end a domestic partnership registered in California using the Secretary of State summary dissolution process. The Secretary of State calls this terminating a California registered domestic partnership.

Can a spouse kick you out of the house in California?

California laws allow one spouse to force another to move out of the house for a set time. This must be done through a court order, but the spouse must be able to provide evidence of threats of assault or assault attempts if the case is an emergency.

Call an Experienced Fresno Divorce Attorney

If you are in the process of getting a divorce or plan on initiating one, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Fresno divorce attorney, please call Gurjit Srai (209) 323-5558 or complete our online form.